MARIANO ANDAL, assisted by mother Maria Dueñas as guardian ad litem, and MARIA

DUEÑAS, plaintiffs, vs. EDUVIGIS MACARAIG

[G.R. No. L-2474; May 30, 1951)]

Doctrine:

Article 108 of the Civil Code:

Children born after the one hundred and eighty days next following that of the celebration of marriage or within the three hundred
days next following its dissolution or the separation of the spouses shall be presumed to be legitimate.

This presumption may be rebutted only by proof that it was physically impossible for the husband to have had access to his wife
during the first one hundred and twenty days of the three hundred next preceding the birth of the child.

Substantial facts:
Facts Description
Land ownership • The land in question was given by Eduvigis Macaraig to her son Emiliano Andal by
virtue of a donation propter nuptias she executed in his favor on his marriage to
Maria Dueñas.
Inheritance • If the son born to the couple is deemed legitimate, he is entitled to inherit the land.
• If not, the land should revert back to Eduvigis Macaraig as the next of kin entitled to
succeed him under the law.
Legitimacy of Mariano • The main issue is the legitimacy of Mariano Andal in relation to Emiliano Andal.
Andal • This depends on the relationship between Emiliano Andal and his wife during the
period of conception of the child up to the date of his birth in connection with the
death of Emiliano Andal.
Proven facts • Emiliano Andal became sick of tuberculosis in January 1941.
• His brother, Felix, moved into his house to help him work his farm.
• On September 10, 1942, Maria Duenas, his wife, eloped with Felix, and both went
to live in the house of Maria’s father, until mid-1943.
• Since May, 1942, Felix and Maria had sexual intercourse and treated each other as
husband and wife.
• On January 1, 1943, Emiliano died without the presence of his wife, who did not
even attend his funeral.

Issue: Can the child be considered as the legitimate son of Emiliano? (YES)

Ruling
Ruling
Presumption of legitimacy
Evidence of access
Health of Emiliano
Description
• The boy, born on June 17, 1943, is presumed to be the legitimate son of Emiliano
and his wife, as he was born within 300 days following the dissolution of the
marriage.
• There was no evidence presented that Emiliano Andal was absent during the initial
period of conception, especially during the period between August 21, 1942 and
September 10, 1942.
• There is enough evidence to show that during that initial period, Emiliano Andal and
his wife were still living under the marital roof.
• Even if Felix, the brother, was living in the same house, and he and the wife were
indulging in illicit intercourse since May, 1942, that does not preclude cohabitation
between Emiliano and his wife.
• Emiliano was already suffering from tuberculosis and his condition then was so
serious that he could hardly move and get up from bed, his feet were swollen and
his voice hoarse.
• However, experience shows that this does not prevent carnal intercourse. There
are cases where persons suffering from this sickness can do the carnal act even in
the most crucial stage because they are more inclined to sexual intercourse.

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Conclusion
Application of section 68,
par. (c) of Rule 123, of the
Rules of Court
• There is neither evidence to show that Emiliano was suffering from impotency,
patent, continuous and incurable, nor was there evidence that he was imprisoned.
• The presumption of legitimacy under the Civil Code in favor of the child has not,
therefore, been overcome.
• The issue of a wife cohabiting with the husband who is not impotent, is indisputably
presumed to be legitimate, if not born within one hundred eighty days immediately
succeeding the marriage, or after the expiration of three hundred days following its
dissolution.

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